Character Evidence Flashcards
Rule 405 - Whenever character evidence is admissible, character can be proven:
- by testimony in the form of an opinion about a person’s character or trait, or testimony about a person’s reputation in the general community.
- Specific instances of conduct when trait is an essential element of a charge/claim/defense.
Rule 404(a)(1)
Evidence of a person’s character or trait not admissible to prove propensity.
Rule 404(a)(2) - when may defendant or prosecutor admit character evidence?
Exceptions for D or V in criminal case:
- D may offer D’s pertinent trait; P may offer evidence to rebut;
- D may offer evidence of V’s pertinent trait, subject to 412 limitation. P may offer evidence to rebut and offer evidence of D’s same trait.
- Homicide case - P may offer V’s trait of peacefulness to rebut evidence that V was first aggressor (self-defense).
- Witness’s character may be admitted under 607, 608, 609.
404(b) Other crimes, wrongs, or acts -When are they admissible? In other words, for what purposes can they be used to prove?
Admissible to show ELEMENTS of a crime or AT ISSUE:
- Knowledge
- Identity (modus operandi)
- Scheme
- Motive
- Opportunity
- Mistake/accident (absence thereof)
- Preparation
- Intent
- Plan
KIS MOM PIP
Rule 413 Similar crimes in sexual assault cases
- Permitted when relevant to elements;
- Disclosure 15 days before to D;
- Still subject to logical/legal relevance;
Sexual assault defined under 18 USC §513
Need not have been charged or convicted. States v. Mann (1999)
5 character evidence exceptions
- D re: D in criminal trial
- D re: V in criminal trial
- P re: D’s past sex crimes
- P re: dead’s peaceful propensities
- P or D re: witness untruthfulness
When can you use specific instances of conduct?
WU-EE!
- Witness Untruthfulness
- Essential Element
What is habit evidence?
Semi-automatic amoral behaviors.
